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STATE v. DISTRICT COURT OF FOURTH JUDICIAL DIST.

No. 10180.

356 P.2d 42 (1960)

STATE Montana on the relation of Ray W. STODDARD, Relator, v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR THE COUNTY OF MISSOULA, Respondent.

Supreme Court of Montana.

Decided October 21, 1960.

Attorney(s) appearing for the Case

Donald A. Paddock, Missoula, for relator.

D. A. Paddock, Missoula, argued orally for relator.

Smith, Boone & Rimel, Missoula, for respondent.

Russell Smith, Missoula, argued orally for respondent.

HARRISON, Chief Justice.

This is an original proceeding seeking a writ of prohibition.

On August 5, 1960, relator filed in this court his petition which was heard ex parte on that date and an alternative writ was issued. From the petition it appeared that relator was divorced on January 17, 1956, and pursuant to an agreement entered into between the parties to that action the wife was to receive the family home, the sum of $100 per month for the care of the...

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